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Intellectual Property
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Featured
Justices To Clarify What's Fair Game With 'Skinny Labels'
A new U.S. Supreme Court patent case that will require the justices to spell out what generic-drug makers can say when marketing drugs with so-called skinny labels will shape whether and how those companies use the tactic of carving out patented uses from labels, attorneys say.
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January 26, 2026
Fed. Circ. Won't Revisit 'More Than An Athlete' TM Suit
The Federal Circuit on Monday declined to reconsider its decision affirming a trademark tribunal's finding that NBA star LeBron James and his company own the rights to the phrase "More Than An Athlete."
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January 26, 2026
ITC To Probe Whether Slab Imports Infringe Surface Maker's IP
The U.S. International Trade Commission is launching an investigation into 11 companies regarding whether they are importing slab that infringes patents held by a Minnesota quartz surface manufacturer.
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January 26, 2026
Novo Nordisk Faces Class Claims Over GLP-1 Patent Tactics
A South Carolina drug company has launched a proposed class action against major pharmaceutical company Novo Nordisk, alleging it engaged in anticompetitive behavior to prolong its monopoly against generic competition for the GLP-1 drug Victoza.
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January 26, 2026
AI Image Is Not Copyrightable, Gov't Tells High Court
The U.S. government has urged the U.S. Supreme Court to reject an appeal from a computer scientist over whether an image created by an artificial intelligence system he developed can qualify for copyright protection, arguing that existing law clearly limits copyrights to human authors.
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January 26, 2026
Remote Discovery Tech Co. Alleges Fraud In Del. Suit
A tech company that developed self-service applications for remote data collection from smartphones has launched a seven-count suit in Delaware's Court of Chancery accusing a product reseller of copying the application's functions and features and marketing competing versions.
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January 26, 2026
4th Circ. Preview: NCAA Eligibility and E-Cigarette Law
Notwithstanding the winter storm that slammed several states over the weekend, litigators will clash at the Fourth Circuit this week on whether NCAA eligibility rules violate antitrust law, or federal law preempts North Carolina's ability to regulate e-cigarette sales.
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January 26, 2026
Healthcare Rewards Co. Sues Partner Over Alleged Tech Theft
A California-based healthcare technology company has sued in Delaware Chancery Court, accusing a longtime business partner of secretly stealing its proprietary rewards technology, then attempting to terminate their contract years early after building a competing product in-house.
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January 26, 2026
Goldsmiths Accused Of Copying 88-Facet Diamond Designs
A gemstone designer has accused Goldsmiths of copying his blueprints for a diamond that has 88 facets, asking a London court to stop the British retail chain from continuing its alleged infringement of his intellectual property.
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January 23, 2026
Meta, Oakley Hit With Massive Patent Suit Over Smart Glasses
A Hong Kong-based tech company on Friday accused Meta of infringing five of its patents related to smart eyewear through Meta Ray-Ban and Oakley Meta-branded smart glasses, telling a Massachusetts federal court that it has suffered "multiple billions of dollars" in damages as a result.
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January 23, 2026
4th Circ. Maroons Copyright Fight Over Pirate Ship Pics
The Fourth Circuit on Friday relieved for good North Carolina's government from a long-running copyright infringement suit over photos and videos of a famous pirate shipwreck, saying a lower court was wrong to revive the claims in the case, which at one point went to the U.S. Supreme Court.
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January 23, 2026
PTAB Axes Patent Accounting For $92.6M Of Samsung Verdict
The Patent Trial and Appeal Board has found that Samsung was able to show that a pair of Pictiva OLED patents are invalid, including one patent that accounted for $92.6 million of an infringement verdict against the South Korean electronics giant.
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January 23, 2026
Lawmakers Float Bill To Track Content Used In Training AI
A bill introduced in the U.S. House of Representatives would give musicians, artists, writers and copyright holders the ability to determine if their works were used to train artificial intelligence without their permission.
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January 23, 2026
As Duke Sues Its Own QB, NIL Tensions Come To A Head
Duke University's gambit to stop its star quarterback from transferring to another school signals the latest friction point in college sports, providing an opportunity for courts to tackle the still-evolving concept of direct payment deals between athletes and their schools regarding name, image and likeness.
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January 23, 2026
Fed. Circ. Finds Tire Pressure Patent Invalid In $6.6M Case
The Federal Circuit on Friday ruled that a patent covering tire pressure monitoring was invalid for obviousness, overturning a jury verdict putting Autel Intelligent Technology Corp. Ltd. on the hook for $6.6 million that was overruled by a Texas federal judge for different reasons.
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January 23, 2026
Guardant Can Try Again To Nix Patent Tied To $83M Verdict
The Federal Circuit on Friday threw out a Patent Trial and Appeal Board decision finding Guardant Health couldn't show that a University of Washington DNA sequencing patent is invalid, sending the case back to the board for another look.
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January 23, 2026
7th Circ. Says Suit Over Veteran's Photo Is Time-Barred
The Seventh Circuit has declined to reinstate a military veteran's claims that a photo of him on patrol in Afghanistan was improperly licensed and sold as a poster by online retailers, saying the case is time-barred since the statute of limitations clock began when the photo was published and not when he discovered it.
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January 23, 2026
UK Litigation Roundup: Here's What You Missed In London
This past week in London saw Travelers Insurance hit with a claim from a property buyer over a payout tied to collapsed law firm Axiom Ince, Swedish music group Pophouse Entertainment clash with the production company that helped it create the ABBA Voyage experience, and biotech company Vertex Pharmaceuticals sue rival entity ToolGen for patent infringement.
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January 22, 2026
Nappy Roots Hit With Infringement Suit Over 'Good Day' Bop
Rap group Nappy Roots sampled a 30-second snippet in its hit song "Good Day" despite not having permission from the music sample's co-composers, according to a new lawsuit filed in Atlanta federal court.
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January 22, 2026
Patent Office Beats La Jolla Pharma's Application Denial Suit
A Virginia federal judge on Wednesday upheld a U.S. Patent and Trademark Office decision that denied patent applications from drug developer La Jolla Pharma LLC claiming a unique dosage and delivery method of a drug the company markets to treat low blood pressure, finding the claims are all anticipated or obvious.
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January 22, 2026
Debt Collector Takes Computer Fraud Ruling To High Court
A debt collection agency asked the U.S. Supreme Court on Thursday to pause a Third Circuit decision that found an ex-employee's sharing of a password spreadsheet didn't make for a case under the Computer Fraud and Abuse Act, saying the appeals court improperly narrowed the scope of the statute.
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January 22, 2026
DoggyPhone Sues Again Over Furbo Pet-Comms Product
Tech company DoggyPhone LLC again took aim at Tomofun on Thursday, claiming in Seattle federal court that the pet-toy maker's Furbo line of products infringes a DoggyPhone-held patent describing "systems and methods that enable remote human-pet communication."
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January 22, 2026
Call To End Prosecution Laches Rejected By Full Fed. Circ.
The full Federal Circuit on Thursday rejected prolific inventor Gilbert Hyatt's rehearing petition asking the court to abolish the doctrine of prosecution laches, which can render a patent unenforceable based on delays by the owner during the application process.
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January 22, 2026
Fed. Circ. Says Livestream Patent In Google Suit Is Abstract
A Federal Circuit panel on Thursday agreed with a Washington federal court's conclusion that a livestreaming patent asserted against Google covers a patent-ineligible abstract idea, finding the relevant claims were too "result-oriented."
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January 22, 2026
NFL's Lions Should Face Copyright Suit In Calif., Photog Says
A California photographer has pushed back against the Detroit Lions' bid to dismiss his lawsuit accusing the NFL team of using photos he took of quarterback Jared Goff without permission, telling a California federal court that his lawsuit, contrary to the team's contention, belongs in the Golden State.
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January 22, 2026
5th Circ. Won't Restore Plastics Co.'s $75M IP Jury Award
The Fifth Circuit is standing behind a lower court's decision throwing out a verdict of more than $75 million that plastics manufacturer Trinseo Europe GmbH won in a suit accusing a former Dow Chemical Co. employee and Kellogg Brown & Root LLC of swiping trade secrets.
Editor's Picks
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Copyright Guide Or Policy Change? Project Divides IP Attys
The American Law Institute's restatements of law, widely regarded as influential reference points for judges and attorneys, are typically yearslong projects that are finished quietly and without much controversy, but one for copyright that concluded this year has diverged from that tradition.
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PTAB Judges Alarmed By Squires' Moves To Limit Their Role
With U.S. Patent and Trademark Office leadership limiting the Patent Trial and Appeal Board's oversight of patent validity disputes, current judges for the tribunal say they are distressed by the recent moves to curb their role and are looking for work elsewhere amid the instability.
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Patent Landscape Shifts As Squires Takes On Key PTAB Role
The announcement that U.S. Patent and Trademark Office Director John Squires will now make all decisions on whether to institute America Invents Act patent reviews is expected to reshape litigation, by leading fewer accused companies to file challenges, attorneys say.
Expert Analysis
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Navigating Battery Validation Risk In The EV Supply Chain
Vehicle electrification has moved battery system supply chains from a background component into the center of the automotive universe — and for legal teams, battery validation is now a driver of contractual disputes, regulatory exposure and even shareholder litigation, say Samuel Madden at Secretariat Advisors and Vanessa Miller at Foley & Lardner.
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Fed. Circ. In 2025: A Look At Continued USPTO Tensions
Unanticipated developments in 2025 included a tug-of-war between the Federal Circuit and the U.S. Patent and Trademark Office over inter partes review decisions, and this continued disparity looks set to contribute to another packed year for the court, say attorneys at Knobbe Martens.
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How 2025 Recalibrated Fair Use For The AI Era
Although the Second Circuit's decision last year in Romanova v. Amilus Inc. did not involve artificial intelligence, its formulation of relevant fair use factors provides a useful guide for lower courts examining AI cases in 2026, demanding close attention from legal practitioners on both sides of these disputes, say attorneys at Cleary.
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Series
Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief
My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.
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Patent Applicants Must Get Biologics Enablement Right
As artificial intelligence increasingly becomes a core driver in drug discovery, it is critical for drug companies to adapt their drafting strategies to the unique features of AI-generated inventions, and to pay particularly close attention to enablement standards, says Sanandan Malhotra at Novo Nordisk.
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Series
Law School's Missed Lessons: How To Start A Law Firm
Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.
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Fed. Circ. Patent Decisions In 2025: An Empirical Review
In 2025, the Federal Circuit's increased output was not enough to keep up with its ever-growing patent case load, and patent owners and applicants fared poorly overall as the court's affirmance rate fell, says Dan Bagatell at Perkins Coie.
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Reel Justice: 'Die My Love' And The Power Of Visuals At Trial
The powerful use of imagery to capture the protagonist’s experience of postpartum depression in “Die My Love” reminds attorneys that visuals at trial can persuade jurors more than words alone, so they should strategically wield a new federal evidence rule allowing for illustrative aids, says Veronica Finkelstein at Wilmington University.
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Series
Hosting Exchange Students Makes Me A Better Lawyer
Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.
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Utilizing AI In Agriculture Requires A Strong IP Strategy
As agricultural technology companies race to deploy artificial intelligence solutions at scale, it's important to prioritize the importance of intellectual property strategy early on to avoid losing value in a fast-moving landscape, say attorneys at Sterne Kessler.
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How A 1947 Tugboat Ruling May Shape Work Product In AI Era
Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.
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Lessons From The Pokemon Patent Firestorm
Public outcry against Nintendo being granted a patent over Pokémon gaming mechanics amid its ongoing patent infringement case against "Palworld" developer Pocket Pair, and the U.S. Patent and Trademark Office's subsequent order to reexamine Nintendo's patent, highlight potential risks associated with drafting ambiguous, unnecessarily complex or overly aggressive claims, say attorneys at McNees Wallace.
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Navigating Privilege Law Patchwork In Dual-Purpose Comms
Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.
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How AI Drafting Should Transform Patent Filing Strategies
As agentic artificial intelligence reduces the time and expense required to draft and file patents, companies should shift focus away from rationing drafting hours and more toward governing optionality, says Ian Schick at Paximal.
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9th Circ. Copyright Ruling Highlights Doubts On Intrinsic Test
Two concurring opinions in Sedlik v. Von Drachenberg may mark an inflection point in the Ninth Circuit's substantial-similarity jurisprudence, inviting copyright litigants to reassess strategy as the court potentially shifts away from the intrinsic test, say attorneys at Troutman.